6 ONC § 5-310 Offenses | Osage Nation Code

§ 5-310. Offenses.

A. Attempts and Conspiracies. Any attempt or conspiracy to commit any offense in Section 111(5) of the federal Sex Offender Registration and Notification Act and any offense referred to in this section.

B. Osage Nation Offenses. Any offenses listed within the Osage Nation Code and the Osage Nation criminal code, which are specifically set out as sex offenses or have an element involving a sexual act or sexual contact with another person.

C. Federal Offenses. A conviction for any of the following, and any other offense hereafter included in the definition of a sex offense at 42 U.S.C. § 16911(5):

1. 18 U.S.C. § 1591 (sex trafficking of children);

2. 18 U.S.C. § 2241 (aggravated sexual abuse);

3. 18 U.S.C. § 2242 (sexual abuse);

4. 18 U.S.C. § 2243 (sexual abuse of a minor or ward);

5. 18 U.S.C. § 2244 (abusive sexual contact);

6. 18 U.S.C. § 2245 (offenses resulting in death);

7. 18 U.S.C. § 2251 (sexual exploitation of children);

8. 18 U.S.C. § 2251A (selling or buying children);

9. 18 U.S.C. § 2252 (material involving the sexual exploitation of a minor);

10. 18 U.S.C. § 2252A (material containing child pornography);

11. 18 U.S.C. § 2252B (misleading domain names on the internet);

12. 18 U.S.C. § 2252C (misleading words or digital images on the internet);

13. 18 U.S.C. § 2260 (production of sexually explicit depictions of a minor for import into the United States);

14. 18 U.S.C. § 2421 (transportation of a minor for illegal sexual activity);

15. 18 U.S.C. § 2422 (coercion and enticement of a minor for illegal sexual activity);

16. 18 U.S.C. § 2423 (transportation of minors for illegal sexual activity, travel with the intent to engage in illicit sexual conduct with a minor, engaging in illicit sexual conduct in foreign places);

17. 18 U.S.C. § 2424 (failure to file factual statement about an alien individual); and

18. 18 U.S.C. § 2425 (transmitting information about a minor to further criminal sexual conduct).

D. Foreign Offenses. Any conviction for a sex offense involving any conduct listed in subsection (F) of this section which was obtained under the law of Canada, the United Kingdom, Australia, New Zealand, and any foreign country where the United States State Department, in its Country Reports on Human Rights Practices, has concluded that an independent judiciary generally (or vigorously) enforced the right to a fair trial in that country during the year in which the conviction occurred.

E. Military Offenses. Any military offense specified by the Secretary of Defense under Section 115(a)(8)(C)(i) of Pub. L. 105-119 (codified at 10 U.S.C. § 920 et seq.).

F. Juvenile Offenses or Adjudications. Any sex offense, or attempt or conspiracy to commit a sex offense, that is comparable to or more severe than the federal crime of aggravated sexual abuse (as codified in 18 U.S.C. § 2241) and committed by a minor who is fourteen (14) years of age or older. Juvenile offenders may be treated as provided in DEL§ 5-102. The Osage Nation may, at their discretion, exempt from public website postings information concerning sex offenders required to register on the basis of juvenile delinquency adjudications.

G. Jurisdiction Offenses. Any sex offense committed in any jurisdiction, including this Nation, that involves:

1. Any type of degree of genital, oral, or anal penetration;

2. Any sexual touching of or contact with a person’s body, either directly or through the clothing;

3. Kidnapping of a minor;

4. False imprisonment of a minor;

5. Solicitation to engage a minor in sexual conduct understood broadly to include any direction, request, enticement, persuasion, or encouragement of a minor to engage in sexual conduct;

6. Use of a minor in a sexual performance;

7. Solicitation of a minor to practice prostitution;

8. Video voyeurism of a minor as described in 18 U.S.C. § 1801;

9. Possession, production, or distribution of child pornography;

10. Criminal sexual conduct that involves physical contact with a minor or the use of the internet to facilitate or attempt such conduct. This includes offenses whose elements involve the use of other persons in prostitution, such as pandering, procuring, or pimping in cases where the victim was a minor at the time of the offense;

11. Any conduct that by its nature is a sex offense against a minor; and

12. Any offense similar to those outlined in:

a. 18 U.S.C. § 1591 (sex trafficking by force, fraud, or coercion);

b. 18 U.S.C. § 1801 (video voyeurism of a minor);

c. 18 U.S.C. § 2241 (aggravated sexual abuse);

d. 18 U.S.C. § 2242 (sexual abuse);

e. 18 U.S.C. § 2244 (abusive sexual contact);

f. 18 U.S.C. § 2422(b) (coercing a minor to engage in prostitution); and

g. 18 U.S.C. § 2423(a) (transporting a minor to engage in illicit conduct).

In determining if an individual is required to register with the Osage Nation the officer shall look to the underlying facts of the offenses for which the individual was sentenced. ONCA 11-43, eff. Apr. 5, 2011.